Public HearingAugust 30, 2014Drive-Way Ordinance

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Agenda• Sign in• Call to Order• Purpose of the meeting• Ordinance Information• Feedback.• Adjourn public hearing• Start 30 minute Commissioners Meeting• Commissioners updates• Open Questions

• Adjourn Commissioners Meeting

Call to Order• The Public Hearing for the modification of the Driveway

Ordinance is called to order.

Purpose of this public hearing• The purpose of this public hearing is to present the proposed

changes to several of our ordinances

• To listen to concerns and get input on the proposed changes.

• To enable the commissioners to update the ordinances taking into account the feedback from this meeting.

• The exact wording and changes to the ordinances will be made during a publicly scheduled commissioners meeting in the next 3 weeks.

Format for the presentation• Ordinance changes will be presented one at a time

• The presentations will include:• Background of the ordinance• Goal of the ordinance change• Ordinance change presentation

• Following each ordinance change presentation• The floor will be open for public feedback on the current

ordinance

Background:

• The purpose of a driveway permit system is to: • Provide maximum safety and protection to the traveling public on

District roads; • Maintain the serviceability of affected highways; • Provide a uniform practice throughout the District for the

application and issuance of driveway permits; • Monitor the design and construction of driveway entrances and

exits and to ensure drainage, water flow and construction issues are addressed.

• Monitor equipment and heavy truck traffic on District roads.

Driveway OrdinanceGoal of the Change• Bring the ordinance into compliance with NH RSA 236:13

• Provide clarity allowing the commissioners to approve a 2nd driveway for properties having les then 400 foot of frontage as suggested by NH RSA 236:13

• Allow the Commissioners to deny a permit for a second driveway it it is concluded that public safety may be at risk.

• To clarify the responsibility as to who is responsible for cleaning which culverts.

• Add wording allowing the Village District to bill back the costs of repairing a road that is damaged by a driveway.

Driveway OrdinanceProcess used to validate • May 24th public ordinance hearing resulted in good feedback and action taken

on all ordinances presented except this one.

• Good points were made and feedback was heard and discussed (video available).

• Commissioners discussed the ordinances as scheduled during a regular meeting (video available).

• A question was posed to the office challenging the driveway ordinance against overriding NH RSA -13.

• To gain clarity the Commissioners initiated legal reviews with NH LGC (No Cost) and finally with District's Legal Counsel to ensure the recommended changes were correct, good for the District, Community and legally defendable.

• It was a good process, utilizing good review.

Driveway OrdinanceProposed changes• CHANGES• 4. APPLICATION • An application for a driveway permit shall be made on a standard

form available from the District Office or the Selectmen’s Office in Madison. The form shall conform generally to that shown in Exhibit #1. The Commissioners or their designee shall review the application and supporting documentation for compliance with this regulation and may visit the site if deemed necessary. Approval of a permit application may be conditioned upon such factors as are deemed necessary or appropriate and any such conditions shall be noted on the permit. The application shall be considered and approved or denied in writing. If more than one driveway is planned, a separate application and driveway permit for construction is required for each and the additional driveway may be allowed when site conditions are adequate and meet the requirements of RSA 236:13 and other District requirements.

Driveway OrdinanceProposed changes• CHANGES• 5. APPLICATION FEES • To cover the costs of professional monitoring and inspection for

changes to an existing driveway, a permit fee of $75 shall be submitted with the application. For new driveways for new construction, addition of a second driveway or for rerouting an existing driveway a permit fee of $200 shall be submitted with the application.

• For driveways for new dwellings, a performance bond, irrevocable letter of credit or other type of security, shall be submitted with the application provided that in no event shall the form of security be in the form of cash or a passbook. The amount of performance bond shall be for a minimum of $4,000 or as otherwise determined by the Board of Commissioners. Twenty per cent (20%) of the bond shall remain in effect for the year following approval of the driveway for operation. The District shall have the power to enforce such bonds or other securities by all appropriate legal and equitable remedies.

Driveway OrdinanceProposed changes• CHANGES• 6. CONSTRUCTION • The applicant shall be responsible for all costs of construction of the

driveway, including culverts, drainage systems or other structures relating to access to the property, whether or not located within the right of way.

• All driveways shall be constructed in accordance with the State Department of Transportation Administrative Rules and Standards in effect in 2001 as amended and as may be subsequently amended. Exhibit #2 illustrates the cut and fill of a typical driveway and Exhibit #3 shows the radius of a driveway meeting the road for different driveway widths and angles of entry.

• All new or modified driveways that intersect the road at a positive grade are required to be constructed in such a way that no drainage from the driveway flows onto or undermines the intersecting road.

Driveway OrdinanceProposed changes• CHANGES• No driveway shall be constructed so as to have multiple accesses to District

roads. • All driveways, including any driveway designed to have two accesses to

District roads will be required to have both accesses in compliance with all aspects of this Ordinance and NH RSA 236:13 with the following modifications:

• i. The Board of Commissioners may allow 2nd driveway permits for properties having less than 400 foot of frontage as suggested by RSA 236:13.

• ii. The Board of Commissioners may deny a driveway permit if it is concluded that public safety may be at risk.

• e. No property shall have more than one driveway. • Any applicant requesting more than one driveway will be required to

submit a separate application and fee for each driveway. No property will be allowed more than two driveways.

Driveway OrdinanceProposed changes• REMOVED

• The District shall be responsible for the maintenance of: • a. Driveway culverts within the limits of the right-of-way of the Village District provided they were

installed according to permit conditions. • b. Drainage systems within the limits of the right-of-way of the Village District after they have been

approved and accepted.

• CHANGES• 7. MAINTENANCE

• The applicant, or the applicant’s successor-in-title, shall be responsible for the maintenance of the driveway, culvert, and any drainage systems, or other structures pertaining to access or permitted alterations on the owner’s property.

• A property owner or occupant who does not properly maintain the driveway, culvert, drainage system, or other structures pertaining to access to the property, whether located in the public right-of-way or not, so as to result in damage to any road or other property shall be responsible for correcting the situation. If the owner or occupant does not correct the situation, the Commissioners may issue a notice and order (by certified mail) requiring correction of the situation within 60 days or such period of time as may be appropriate under the circumstances. All corrective actions are subject to review and approval by the Commissioners. If an owner or occupant does not take corrective action as ordered, the District may take the action and the owner or occupant shall be liable to the District for all costs incurred in accordance with NHRSA 236:13, VI.

Public Comments• Please keep comments to the Driveway Ordinance.

• To make comments, please stand and announce your name and street name.

• Be respectful of everyone.

• Thank you.

Public Hearing Adjourned• Thank you for you input and participation.

Commissioners MeetingAugust 30, 2014…

Agenda• Call to Order• Purpose of the meeting• Commissioners updates• Open Questions

• Adjourn Commissioners Meeting

Commissioners Meeting Adjourned• Thank you for you input and participation.